Donegal teen ‘fighting for the little girl in me’; father awaits child cruelty sentencing

A teenage girl from Donegal has said that she is “fighting for the little girl in me” in seeking justice for trauma inflicted upon her early childhood.

The girl, whose father admitted a charge of child cruelty, told his sentencing hearing at Letterkenny Circuit Court that she was “forced to grow up faster than any child should”.

The man, who is in his 40s, pleaded guilty to a single count of child cruelty, contrary to section 246 (1) and (2) of the Children’s Act, 2001.

The defendant, who will learn his fate during the next session of Cavan Circuit Court, said there isn’t a day where he doesn’t regret his actions.

He is charged that between January 2015 and May 2016, at a location within County Donegal and being a person who had custody, charge or care of a child, wilfully assaulted, ill-treated and exposed the child or allowed the said child to be assaulted, ill-treated or exposed in a manner likely to cause unnecessary suffering or injury to her health or seriously to affect her well being namely by slapping her, exposing her to excessive alcohol consumption and domestic violence.

The prosecution in the case was led by Ms Patricia McLaughlin SC, with Ms Fiona Crawford BL, instructed by State Solicitor Mr Kieran Dillon. The accused man was represented by Mr Colm Smyth SC, with Mr Ciaran Elders BL, instructed by solicitor Mr Frank Dorrian.

The young girl took to the witness box to read aloud her victim impact statement before Judge John Aylmer.

In an emotional, yet powerful, address, she said she wished to thank the court for allowing her to express how the crimes affected her and how she lived.

“I was forced to grow up faster than any child should,” she said. “I feel that I will carry the trauma for the rest of my life. He made me feel like the crime committed to me was okay.”

The man, who cannot be named, appeared at Letterkenny Circuit Court

She told the court how she was separated from her sibling who she felt was her “only family left”.

“My father chose his addiction over his own daughter,” she said, recalling how she would struggle to sleep due to recurring nightmares and how she “never felt safe during the night” as her father would become violent when he returned home drunk.

While she started therapy at a young age due to the trauma, she said it “never took the hurt away” and she never felt safe around grown men.

She said she had a “dark, scary childhood filled with trauma” and recounted how the incidents affected her mental health, forcing her to quit one of her sporting passions as she was unable to focus.

When the trial fell the first time, she said she felt “mentally exhausted”, but told the court that she felt as if she was “fighting for the little girl in me”.

“I never chose to come forward about the crimes through hatred; I did it to save myself,” she said. “I am not prepared to go through secondary school without closure.”

The girl said that she feels as if she will never be able to trust anyone and that she is jealous when she sees other little girls with their fathers.

“Every Fathers’ Day and Christmas is another without my dad…and how he failed to protect me when he should have,” she said. “He was never there for the firsts, or my first heartbreak over a boy - he was my first heartbreak.”

She added: “Behind the 13, 14, 15-year-old girl who has been in court is a girl who wants her dad, but I need to get the justice I have waited on since I was seven. The guilt that I feel saying this is surreal.”

The girl said she could love her father, but also want justice and a sense of closure.

“I don’t want to look back and still feel that justice has not been served,” she said. “I have hatred towards his actions, but I don’t hate him as a person. I do hate how he failed to protect me.”

Sergeant Maurice Doyle outlined the case to prosecution barrister Ms Patricia McLaughlin SC.

The court heard that the man was charged with a single count of child cruelty. The charge was agreed with the defence and was a composite charge relating to a number of incidents.

This offending occurred from just before her fourth birthday until she was five.

Tusla became involved with the family following reports of domestic abuse. The children were brought to emergency care amid reports that the couple were back together and with concerns over the woman’s ability to protect the children.

Following lengthy proceedings in the District Court, the children were taken into full-time care. Certain disclosures were made in foster care and the girl was interviewed by specialised Gardai in 2019.

The man and woman went on trial in early 2024 and it ran almost to closing speeches when the jury was discharged after issues arose over the disclosure of files in the possession of Tusla. 

On the first day of a second trial, in late 2024, the man pleaded guilty to a single count of child cruelty on an amended indictment while the woman was found not guilty on 19 charges - 12 of sexual exploitation, six of sexually assaulting a child and one of child cruelty - following a 10-day trial.

The complex disclosure in the trial amounted to some 17,500 pages.

Barrister for the accused, Mr Colm Smyth SC. (North West Newspix)

During an interview with Gardai, the girl said that her father was “always drinking” and that her parents were fighting.

The court heard that the woman obtained a barring order against the man, but he was brought back to the family home in the boot of a car. The man admitted this to detectives and to putting blinds on the door so he would not be seen.

The girl told Gardai that her father hit her on many occasions.

Following his arrest, the man told detectives that his children were taken away due to the violence and drinking. 

The defendant was put into the witness box by his barrister and said that there isn’t a day that goes by that he doesn’t regret what happened.

“There isn’t a day I don’t regret the turmoil that my drinking and my behaviour caused,” the man said. “I fully own that. As long as there is breath in my body, I will make it up to you.”

He told how he has met with his daughter three times recently, under supervision, as they attempt to rebuild a relationship.

“At that time, all I did was work and drink,” the man told the court. “I wasn’t there emotionally as a father.”

The man told Judge Aylmer of some traumatic events he witnessed in his own childhood and how he was also placed into care.

He described his time in care as “chaotic” and he outlined instances where he was also subjected to sexual abuse himself.

Later, he said all he did was work and drink. 

“It took me to hit rock bottom to finally deal with it (the past),” he said.

“My only goal and focus now is building a relationship with my children.”

In relation to his daughter’s victim impact statement, the man added: “I am sorry. I will do everything I can. I know it will never make up for the time. I am not the person I was.”

Asked if he hoped to get an opportunity to rebuild the relationship, he said: “I will do whatever I can.”

Judge John Aylmer. (North West Newspix)

Mr Smyth said that a probation report for the man reflects the efforts in rehabilitation and admitted that the young girl’s victim impact statement “would touch even the most hard-nosed individual”.

Mr Smyth said his client’s drinking was “to hide the pain of the past” and said he has enjoyed sobriety, which “has brought about a cold reality” that he now has to live with every day.

“There is a lot to be done to right the wrongs which will never be right,” Mr Smyth said. “You can’t unscramble the egg here. He is certainly rehabilitating and there will be a long rehabilitation.”

Mr Smyth said the case has been hanging over his client for a considerable time and asked that the man “get a chance to continue on the road to rehabilitation.”

He asked Judge Aylmer to have regard to the reports of a doctor - who noted there has been positive progress - and a probation report which was said to be positive in terms of insight, remorse and reoffending.

“In terms of building the relationship with his daughter and eventually his other child, it is important that he continues on this path,” Mr Smyth said. “That would be seriously disrupted by a period of incarceration.”

Judge Aylmer said he would need to read the lengthy reports and the extensive probation report. Judge Aylmer will pass judgement at Cavan Circuit Court.